Can I smoke on terraces?
Conditional: covered or delimited terraces are smoke-free; fully open-air ones still allow smoking. There are two changes to distinguish. The October 2023 amendment to Law 37/2007 (in force since 23 October 2023) banned smoking on covered or delimited terraces (walled/structured), on interior patios and balconies of restaurants and bars, and near their doors and windows. Law 5/2024 (in force since 16 January 2024) equated heated tobacco to conventional (flavour ban, warnings) and tightened e-cigarette rules. What did not pass were the most ambitious "Tobacco-Free Generation 2040" measures: banning smoking on fully open-air terraces and in broad zones near schools/hospitals was dropped. In short: covered terrace no, open-air terrace yes.
📋 The rules
- Covered or delimited terraces: smoke-free (2023)
- Fully open-air terraces: smoking still allowed
- No smoking near doors and windows of bars/restaurants
- Heated tobacco equated to conventional (Law 5/2024)
- Existing smoking rooms: tolerated until 2030
🔓 Exceptions
- Fully open-air terraces: smoking allowed
- Existing smoking rooms: remain until 2030
- Broad ban near schools/hospitals: not approved
⚠️ Penalties & fines
Smokers risk €50 to €750; establishments/legal persons up to €250,000 for serious breaches. Beware two points: don't cite "Law 75/2025" — it doesn't correspond to any confirmable in-force tobacco reform; and the right nuance is that covered/delimited terraces are smoke-free, but fully open-air ones still allow smoking. Anyone writing that there's a blanket terrace ban is wrong; anyone saying "there are no outdoor rules" is also wrong. To stay compliant: don't smoke on covered or enclosed terraces, or near doors and windows of bars and restaurants; on fully open-air terraces it's still allowed, but always check the venue's signage.
📎 Official sources
❓ Frequently asked
Can I smoke on terraces in Portugal?
It depends on the type of terrace. Covered or delimited terraces, with walls or a structure, are smoke-free since October 2023. Fully open-air terraces still allow smoking. It's a myth that there's a blanket ban on smoking on all terraces.
What changed in 2023 and 2024?
In October 2023, the amendment to Law 37/2007 banned smoking on covered or delimited terraces and near the doors and windows of bars and restaurants. In January 2024, Law 5/2024 equated heated tobacco to conventional and tightened e-cigarette rules.
Was the ban on open-air terraces approved?
No. The most ambitious "Tobacco-Free Generation 2040" measures, which included banning smoking on fully open-air terraces and in broad zones near schools and hospitals, were dropped or softened. Fully open-air terraces still allow smoking.
Does "Law 75/2025" on tobacco exist?
There's no confirmable in-force tobacco reform with that number. The correct references are Law 37/2007 (base regime), its October 2023 amendment and Law 5/2024. Be wary of sources citing a "Law 75/2025" as the basis of tobacco rules.
What's the fine for smoking where it's banned?
Smokers risk fines of €50 to €750. Establishments and legal persons that don't enforce the rules can be fined much more, up to €250,000 for serious breaches. It's wise to respect each venue's signage.
🔎 Common searches
What people search to land here:
- “smoking terraces portugal 2026”
- “tobacco law covered terraces”
- “law 5/2024 heated tobacco”
- “smoking near restaurant doors”
- “fine smoking banned place”
- “open terrace smoking allowed”